5. Uluslararası Öğrenci Sempozyumu, Edirne, Türkiye, 6 - 08 Aralık 2019, cilt.3, ss.57-71
Anahtar
Kelimeler: Osmanlı Devleti, 16.
yüzyıl, Bey‘ bi’l-istiğlâl, Finans yöntemi, Şer‘iyye Sicili
Bey'Bi'-l-İstiğlal
is a sales contract which was added to contacts in the school of Hanafi in the
later periods. It was implemented intensely as a financial method in Ottoman
Empire in the late 16th century. Bey'Bi'-l-İstiğlal contract was introduced as
a credit and financial method to Ottoman practice since the 2nd quarter of 16th
century and it was used a secondary method along with muamele-i şerriye (a
method of interest) in the money foundations beginning from its introduction.
It is possible. to state that it became widespread since the second half of
16th century. Thus, it turned into a systematic credit and finance implementation
with the institutionalization of money foundations in the Ottoman Era. When the
records of relevant registry are checked, especially this sales contract is
encountered among the operations made by foundations. The records about
Bey'Bi'-l-İstiğlal is placed in the second position after bey'i-batt which is a
trade contract in general, in implementation in the relevant period; and it was
in the first position in foundational operations regarding its order. That much
usage of this contract shows that people need such kind of sales contracts a
lot in order to meet their need of money in their daily trading concerns which
some people called tricky sales but allowed in the school of Hanafi. The
records about Bey'Bi'-l-İstiğlal in the registry numbered B-18 from Bursa
ecclesiastical laws were examined extensively by detecting in terms of content.
At that time, how this gentleman was applied and the amount of the rental fee
was emphasized on what percentage of the sales price, transaction and
registration numbers were shown and their transactions were analyzed in terms
of fiqh. Thus, it is emphasized whether this practice is economically efficient
and whether this sale contract can be used as a credit and finance method by
participation banks to keep people away from interest.
Keywords: Ottoman
Empire, 16th century, Bey ‘bil-istiglâl, Finance method, Sharia Register